Construction
James advises and represents professionals and clients in a range of matters within the technology and construction fields. His practice encompasses construction disputes under the main forms of contract (including JCT, NEC, FIDIC and the RIBA standard terms) and technology disputes dealing with matters ranging diversely from diving bells and underperforming wind turbines, to website design and search engine optimisation.
James’ significant experience encompasses frequent appearances in the Technology and Construction Courts, and acting in arbitrations and in adjudications and enforcement of adjudication awards. James has substantial experience of digesting expert reports and of the successful cross-examination of expert witnesses.
James has been recommended for his construction work for a number of years in both the main professional directories.
Construction Cases:
- Representing the claimant purchaser of a development of 51 flats created out of a former office block in a £6m claim for defects including the use of allegedly flammable cladding and the lack of fire stopping between flats. This was a complex claim against developer for breach of contract and against the new-build home insurer.
- Three day TCC trial regarding the interpretation of parties’ contract in which an engineer agreed to design ‘sewers’ and whether that obliged it to specify the type of package sewage treatment plant to be used in the care home the claimant was constructing. Limitation issues revolving around when the defendant’s right to a contractual indemnity accrued under the terms of the contract. Baylham Care Centre Ltd v. Mixbrow Ltd [2019] EWHC 2645 (TCC).
- £7m dispute regarding manufacture of dies for the production of metal panels for a well-known car manufacturer.
- £2m claim against a design & build construction contractor arising from unsafe cladding to a mixed-use residential and commercial building in central London.
- £4.7m claim relating to the allegedly late and defective supply of a plant for the industrial bottling of honey for sale to supermarkets.
- Advising sub-contractor in dispute with employer as to ownership of materials present on site when the contractor became insolvent. Question of interpretation of the NEC3 Engineering and Construction Contract and Sub-Contract and the (somewhat opaque) interplay between the definition of ‘working areas’ and the ‘subcontract working areas’ described in the contract data.
- Claim against architect and builder arising from the renovation of a 17th Century grade II listed church.
- Alternative claims against engineer and architect for delays caused in the adoption of the highway and foul and surface water drainage for a multi-dwelling development arising from inadequate design of the drainage or failure properly to instruct the engineer.
- An arbitration claim under the LCIA rules in relation to the supply and installation of a freight handling system for a well-known cargo company at a UK international airport.
- Advising the main contractor engaged in construction of a power station on the alleged repudiation of a number of sub-contracts and as to the appropriate remedies. Raised the question of what restrictions on a sub-contractor’s access to site amount to a repudiation of the contract.
- Advising on a purchaser’s right of action against an architect who gave a certificate of satisfactory construction in relation to a substantial (£1m) house and outbuildings where the certificate was not addressed to the purchasers but was allegedly given in the knowledge that they would rely upon it in the purchase.
- Claim under a contract for the manufacture of diving bell for the Spanish coastguard. Raised issues of incorporation of standard form contract terms and the extent to which it was acceptable to rectify defects during commissioning.
- Claim for £250,000 arising from the constructive total loss of a tractor following a fire. Represented the dealership which sold the tractor and whose mechanic repaired it hours before the fire. The case raised technical issues as to the cause of the fire, but also legal issues as to duty of care and whether the loss was pure economic loss.
- Representing county council which provided construction contract administration services to a town council regarding the renovation of its Grade II* listed town hall.
